Child support

[gregvdixon]

Hi Soc,

I have had sole custody of my 13-year-old daughter since 97.  I have a CS order against her BM.  She pays if and when I can determine where she is working.

My last CS order was from 99.  At that time BM was almost $1800 behind.  The IDO states $56.23 per week CS and an additional $18 per week till arrearage was satisfied.

Since then BM has jumped jobs frequently.

Bottom line is orignal arrearage was paid.  Each time I served new employer w/ IDO they took the CS and extra for arrearage - at one point this did result in a brief overpayment as judgment was satisfied.  However, due to gaps in employment, after deducting the  overpayment, BM owes about $5,000 at present.

Since 12/04 BM has paid all current CS due.  This was due to my determining where she lived and me sending notice that I would take her to court if she didn't start paying.  She began paying the $56.23 per week.  However, from 2/02 - until 11/04 - nothing, in addition there were other gaps.

I just found out where BM works and served the IDO on 02/05/07.  Although order states once IDO received employer should take $56.23 per week CS and the $18 for arrearage.  Order further states this should be deducted and mailed to me w/in 2 days of BM getting paid.  She gets paid weekly.  

Her employer didn't begin taking the CS out until 03/07.  And, employer is not taking out the arrearage.  Payroll clerk said she wouldn't take it out as BM stated she owes me no back due CS.

I represented myself on the CS case.  The CS goes direct to me not through a CSE agency.  BM chooses to have nothing to do w/ our daughter.  We are in Ga.

My questions are:

1.  When I go to court, do I just file for a Modification?
2.  How do I address the fact that old arrearage was satisfied, but new arrearage has acrued?
3.  Isn't the payroll clerk in violation of the CS Order I served on them by not taking out the extra $18 per week as the CS Order states and if so how can I address that?
4.  As a matter of law, does employer have the right to send the $ monthly rather than weekly w/ in 2 days of pay date as court order states?

Thank you,
Greg

[gregvdixon]

Just a quick note to above post.

This afternoon I mailed the payroll clerk another copy of the IDO w/ certain provisions highlighted along w/ a copy of the official code of Ga 19-6-30 which deals w/ CS and IDO issues.

I also went by the tax office and got a copy of his most recent home purchase along w/ a copy of his original home. One is only valued at $66460, but his new house bought in April was valued at $219,400 which is high for our area.

I just want to be able to show that he isn't exactly hurting for $$$$$$$$$$$$ and has the ability to pay CS, if not the desire.  
I tried to get copies of all his auto tags, but that isn't public info.

[jcsct5]

Your first post indicated you were the father seeking to collect child support from the Bio Mother, your last post talks about some home purchased by a male made but you didn't say how this male had anything to do with the Bio Mother paying support.

I could see the argument both ways as far as the payment for past due support goes. It would best be answered by what the exact text of your order says. For instance if it said any time the Mother is in arrears then she pays X amount more per week then I would say you would be right. If it is ambiguous or says until arrears are paid then I would say she wins.

Either way you will likely need to go back to court and have it clarified and declared what exactly her arrears are at this point. You may also want to consider turning it over to your local child support agency. I know that some of them are nightmares to deal with, however not all of them are. I have mostly had a good experience with my support office.

Good Luck.

[gregvdixon]

He as in her husband.  She puts everything in his name.

I don't want to use CSE as they'll reduce my CS order even lower.  She has had 2 other kids she lost custody of to their PGM.  She has to pay CS for them too.

Thanks for the suggestions.  I need to go to law school.  Greg

[jcsct5]

If you really think they would reduce child support then my suggestion would be to happy with what you are getting for now. Then when the child turns 18 go to court and get an order that the weekly payments continue until arrears are satisfied. In the mean time interest will continue to accrue and she will just owe more and more.